Disposed

Biju Augustine v. Kerala Water Authority

Kerala HC11 Jan 2021WP(C)/16190/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed for delayed bill payments relating to a construction contract, directing the petitioner to receive Rs. 40 Lakhs within 4 months and the remaining balance within 4 months of the specific date. The court granted the relief due to the petitioner's financial hardship.

What did the court decide?

Directing 1st respondent to pay Rs. 40 Lakhs by 31.03.2021 and the remaining bill amount within four months.

Biju Augustine Vs Kerala Water Authority — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

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WP(C).No.16190 OF 2020(W)

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PETITIONERS:

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BIJU AUGUSTINE, AGED 52 YEARS S/O.K.A.AUGUSTINE, KUMPUCKAL HOUSE, KALIYAR.P.O., THODUPUZHA, IDUKKI DISTRICT.

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BY ADVS. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY

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RESPONDENTS:

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1 KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN, THIRUVANANTHAPURAM-695033.

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2 THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, PH CIRCLE, PATHANAMTHITTA, THIRUVALLA-689101.

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3 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PROJECT DIVISION, KERALA WATER AUTHORITY, ADOOR-691523.

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4 THE FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, JALABHAVAN, KERALA WATER AUTHOIRTY, THIRUVANANTHAPURAM-695033.

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R1-4 BY ADV. SMT.MARY BENJEMIN, SC R1-4 BY SRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16190/2020(W)

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JUDGMENT

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Dated this the 11^th day of January, 2021

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The petitioner who has undertaken a work on

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behalf of the 1^st respondent, is before this Court seeking to direct the respondents to release the C.C.V^th and Part Bill as per Ext.P2.

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The petitioner would submit that this is an on-going

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work and non settlement of Ext.P2 Bill is causing considerable hardship to the petitioner. The learned counsel for the petitioner pointed out that as evidenced by Ext.P4, the petitioner's bank has threatened the petitioner with coercive proceedings unless amounts due from the petitioner are paid to the bank. In the circumstances, the petitioner seeks expeditious payment of the entire amount as per Ext.P2 Bill at the earliest.

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The learned Standing Counsel for the respondent would submit that Kerala Water Authority is facing financial

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WP(C).No.16190/2020(W)

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crunch due to various reasons and is not in a position to settle the bills of all contractors immediately. The Kerala Water Authority is paying the contractors on the basis of seniority of completion of work. The amount payable to the petitioner can be paid within four months.

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In the light of the contentions of the petitioner and statement made by the Standing Counsel, it is found necessary to grant some relief to the petitioner in the matter of payments.

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Accordingly, the writ petition is disposed of directing

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the 1^st respondent to pay an amount of Rs.40 Lakhs to the petitioner on or before 31.03.2021. The remaining amount due under Ext.P2 shall be paid within a period of four months.

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Sd/N. NAGARESH JUDGE

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WP(C).No.16190/2020(W)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT DATED 27.3.2018 BY THE PETITIONER AND 2ND RESPONDENT.

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EXHIBIT P2 CB3 VOUCHER ISSUED BY THE 3RD RESPONDENT DATED 5.5.2020. EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 5.5.2020 TO FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER. EXHIBIT P4 THE TRUE PHOTOCOPY OF LETTER ISSUED BY SOUTH INDIAN BANK DATED 23.09.2020

Biju Augustine v. Kerala Water Authority

Case brief

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Biju Augustine v. Kerala Water Authority

Case brief

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What did the court decide?

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